ANTERRASHTRIYA UPABOHKTA KALYAN SAMITI v. UNION OF INDIA

1. This Public Interest Litigation has been preferred with the following prayers: “(a) issue the writ of mandamus or the appropriate writ/order/directions/guidelines directing the respondents to take action against the un-control and unwanted, unguided use of these drugs mentioned in Schedule-H and HI of drugs and Cosmetics Act-1940 2019:DHC:6657-DB and the Rules 'framed thereunder, in the general public and the concerned officials of respondents be directed to check that the policy of the state in the matter are strictly observed by the all concerned so that un-control and access use of antibiotics and other drugs is controlled and the health of general public is not adversely affected. (b) The present public interest litigation be allowed with any direction which the Hon'ble Court deems, fit and proper, in the circumstances mentioned above.”

2. Learned counsel appearing for the petitioner submitted that the drugs which enlisted in Schedule H and in Schedule H-1 under the Drugs and Cosmetics Act, 1940 (hereinafter referred to as “the Act, 1940”), and Drugs and Cosmetics Rules, 1945 (hereinafter referred to as “the Rules, 1945”) are required to be prescribed by a registered Medical Practitioner under the personal supervision of a pharmacist. The chemists cannot sell the drugs enlisted in Schedule-H and Schedule H-1 of the Act of 1940 and the Rules, 1945 at their own i.e. without prescription of a registered medical practitioner. If any such violation is brought to the notice of the respondents, the concerned respondent authorities should initiate actions against such chemist.

3. Having heard learned counsel for the petitioner and looking to the facts and circumstances of the case, it appears that this petitioner has made general averments that there are several chemists in Delhi who are selling drugs enlisted in the Schedule H as well as under Schedule H-1 under the Act, 1940 and the Rules, 1945 without any prescription of a registered medical practitioner. Such chemists cannot sell the drugs enlisted in Schedule H and Schedule H-1 under the Act of 1940 and the Rules, 1945 at their own. We, therefore, direct that in case any name of chemist is brought to the notice of the respondents, the concerned respondents will initiate action in accordance with law, rules, regulations and Government policy applicable to the facts of the case.

4. With these directions, this writ petition is hereby disposed of.

CHIEF JUSTICE C.HARI SHANKAR, J. DECEMBER 05, 2019